A.K. Goel, J. - (1.) Appellant -plaintiffs filed suit for injunction restraining defendants to interfere in peaceful possession of the plaintiffs on plot marked A -B -C -D -E -F on the site plan, annexed to the plaint. The trial Court decreed the suit holding that the plaintiffs were owners in possession of the site in question but the lower appellate Court reversed findings and decree of the trial Court and held that though the sale deed Ex.P/1 was duly proved but the title of the vendor from whom the plaintiff purchased the site in question was not proved. It was held that the possession of the plaintiffs on the site in question was also not proved and the presumption raised by the trial Court that possession of a vacant site followed the title was not applicable to the present case in view of categorical evidence showing that the possession was with defendants.
(2.) Reference was particularly made to evidence of Pritam Singh. PW -2 from whom the plaintiffs had purchased the site, who admitted that though he had given the possession to the plaintiffs but now the possession was with the defendants. The report of Local Commissioner. Ex.P/7 -A also supported the case of defendants.
(3.) Counsel for the appellants submitted that the finding of the lower appellate Court was erroneous and relied upon the decision of this Court in Bhan Singh and Ors. v/s. Tej Singh and Ors. , wherein it was held that mere tethering of cattle on the site in dispute would not establish the exclusive possession of the defendants.;